A group of current lessees and occupiers of Zandfontein farm in the Viljoenskroon area, under the Moqhaka Local Municipality faces an uncertain future after the Department of Land Reform and Rural Development, placed the farm on a Lease Advertisement.
Mr Piet Mothepu the Head of Land Reform Committee at the African Farmers Association of South Africa (AFASA), said his association is strongly against this action by the department and has since written to the Minister of Land Reform and Rural Development Mzwanele Nyhontso, MP, urging him to consider withdrawing or at minimum temporarily suspending the advertisement.
Mothepu said Afasa in the Free State and Eastern intends approaching the High Court on an urgent basis to seek an interdict preventing the Department of Land Reform and Rural Development from advertising, reallocating or otherwise disposing of farms allocated to, occupied by or legitimately claimed by AFASA members without proper consultation and due process.
Regarding the Zandfontein farm Mothepu said the Department acquired the farm in 2007 and enlist it to the current occupants.
“Their long-standing occupation, historical connection to the land, and existing rights and interests must be properly considered before any allocation process proceeds” lamented Mothepu.
The Farmers Association said the recent Uitkyk Farm matter near Sasolburg illustrates these broader concerns, and that they received information raising questions about the compensation, settlement process and whether vulnerable beneficiaries were placed in a position where they felt compelled to accept the offers presented to them.
The beneficiaries are reportedly now occupying the farm without adequate tractors, equipment, livestock or reliable sources of income. The farm is said to be unproductive,
“AFASA is concerned that the rights and protections afforded to the affected occupiers under the Extension of Security of Tenure Act 62 of 1997 (ESTA) may not have been adequately considered before the farm was advertised.
“There is growing concern among farmers regarding the conduct and decision-making of certain departmental officials in the Free State Province. AFASA Free State is deeply disappointed by the handling of this matter, particularly because similar concerns have reportedly arisen in several previous cases.
AFASA therefore respectfully requests that the Honourable Minister to Immediately amongst other withdraw or suspend the advertisement of Zandfontein Farm, Facilitate an urgent engagement involving the Department, AFASA, the affected lessees and occupiers, and all other relevant stakeholders.
The Minister has been further requested to Investigate the circumstances surrounding the advertisement, whether the rights and protections of the affected occupiers under ESTA were properly identified and considered and provide AFASA and the affected parties with written reasons for the decision to advertise the farm and copies of the relevant reports, recommendations and approvals, subject to applicable law.
Other unresolved matters previously raised with the Department include:
*The case of Mrs Mohanuwa Tshomo of Tot Hier Toe Farm.
*Matters concerning Melkraal Farm.
*The matter involves Zebra Farm and Mrs Terrey Sello near Steynsrus.
*Other formal complaints submitted by AFASA and affected beneficiaries.
AFASA said it respectfully requests that these cases be included in a broader ministerial investigation or administrative review of land-acquisition, allocation, tenure-security and post-settlement-support practices in the Free State Province.
